Book contents
- Disability, Health, Law, and Bioethics
- Disability, Health, Law, and Bioethics
- Copyright page
- Dedication
- Contents
- Notes on Contributors
- Introduction
- Preface
- Acknowledgments
- Part I Disability: Definitions and Theories
- Part II Disability in the Beginning and the End of Life
- Part III Disability in the Clinical Setting
- Part IV Equality, Expertise, and Access
- Introduction to Part IV
- 11 Making “Meaningful Access” Meaningful: Equitable Healthcare for Divisive Times
- 12 The Privacy Problem in Disability Antidiscrimination Law
- 13 Sexual Agency As a Rights-Based Imperative for Persons with Intellectual Disabilities
- Part V Disability, Intersectionality, and Social Movements
- Part VI Quantifying Disability
11 - Making “Meaningful Access” Meaningful: Equitable Healthcare for Divisive Times
from Part IV - Equality, Expertise, and Access
Published online by Cambridge University Press: 08 April 2020
- Disability, Health, Law, and Bioethics
- Disability, Health, Law, and Bioethics
- Copyright page
- Dedication
- Contents
- Notes on Contributors
- Introduction
- Preface
- Acknowledgments
- Part I Disability: Definitions and Theories
- Part II Disability in the Beginning and the End of Life
- Part III Disability in the Clinical Setting
- Part IV Equality, Expertise, and Access
- Introduction to Part IV
- 11 Making “Meaningful Access” Meaningful: Equitable Healthcare for Divisive Times
- 12 The Privacy Problem in Disability Antidiscrimination Law
- 13 Sexual Agency As a Rights-Based Imperative for Persons with Intellectual Disabilities
- Part V Disability, Intersectionality, and Social Movements
- Part VI Quantifying Disability
Summary
Meaningful access to social participation sets a standard for repairing harms imposed by disability discrimination. To be meaningful, access must secure more for people for whom opportunity has been arbitrarily proscribed than merely ushering them through a newly unbolted door only to confront further barriers impelled by bias. Meaningful access to a social process is diminished or denied when individuals, due to disability, are prevented from achieving the benefits that generally motivate individuals to participate in that process. Yet interpreting the meaningful access standard has proved elusive for courts. An influential early decision made the illusory affirmation that the door was open to people with disabilities receiving Medicaid because they had the same fourteen days of eligibility for hospital care as others, even though they disproportionately required longer hospital stays to achieve similar care goals.
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- Information
- Disability, Health, Law, and Bioethics , pp. 147 - 158Publisher: Cambridge University PressPrint publication year: 2020